We've received a number of inquiries regarding Indiana Senate Bill 62 (SB 62), which became effective on July 1, 2008. An early (not final) version of SB 62 included a requirement that a lender provide, together with the good faith estimates required under RESPA, a notice to the applicant stating that the applicant had the right (which could be waived) to receive the closing documents with respect to the loan at least 48 hours prior to closing. If the loan terms presented at closing differed from the loan terms presented in the earlier provided documents, then the prospective borrower was entitled to delay or reschedule the closing without penalty and without forfeiting the right to enter into the loan. Civil penalties of $25 per incident could also be assessed. Please note that the
final, enrolled version of SB 62 deleted in their entirety these closing documents notice and disclosure provisions; in its final form, SB 62 deals strictly with Indiana's foreclosure sale requirements. To view a copy of the entire legislative history of SB 62, please visit
here.